New York Court of Appeals

William W. Cooke, Appellants v. Walter Millard, Respondents

May 5, 187565 N.Y. 352

Summary

The Court affirmed the lower court's judgment for the defendants, holding that the oral contract for lumber was within the Statute of Frauds as a sale of existing goods and that the parties' subsequent conduct did not constitute acceptance and receipt, so title never vested and the plaintiffs could not recover the price.